Critics of Cecil Bothwell cite N.C. bar to atheists

Dec. 7, 2009

Cecil Bothwell / Erin Brethauer/ebrethau@citizen-times.com

Written by

Jordan Schrader

TWO OATHS OF OFFICE

North Carolina officeholders, including the Asheville City Council members to be sworn in today, may take one of two oaths of office:

SWEAR: “I, (name), do solemnly and sincerely swear that I will support the Constitution of the United States; that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; and that I will endeavor to support, maintain and defend the Constitution of said State, not inconsistent with the Constitution of the United States, to the best of my knowledge and ability; so help me God."

AFFIRM: “I, (name), do solemnly and sincerely affirm that I will support the Constitution of the United States; that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; and that I will endeavor to support, maintain and defend the Constitution of said State, not inconsistent with the Constitution of the United States, to the best of my knowledge and ability.”

Affirming, rather than swearing, also exempts an officeholder from a requirement in North Carolina law to “lay his hand upon the Holy Scriptures, in token of his engagement to speak the truth and in further token that, if he should swerve from the truth, he may be justly deprived of all the blessings of that holy book and made liable to that vengeance which he has imprecated on his own head.”Asheville City Council swearing-in • When: 5 p.m. today.• Where: Council chambers, City Hall.

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ASHEVILLE — North Carolina's constitution is clear: politicians who deny the existence of God are barred from holding office.

Opponents of Cecil Bothwell are seizing on that law to argue he should not be seated as a City Council member today, even though federal courts have ruled religious tests for public office are unlawful under the U.S. Constitution.

Voters elected the writer and builder to the council last month.

“I'm not saying that Cecil Bothwell is not a good man, but if he's an atheist, he's not eligible to serve in public office, according to the state constitution,” said H.K. Edgerton, a former Asheville NAACP president.

Article 6, section 8 of the state constitution says: “The following persons shall be disqualified for office: First, any person who shall deny the being of Almighty God.”

Rights enshrined in the U.S. Constitution trump the restriction in the state constitution, said Bob Orr, executive director of the N.C. Institute for Constitutional Law.

“I think there's any number of federal cases that would view this as an imposition of a religious qualification and violate separation of church and state,” said Orr, a former state Supreme Court justice.

In 1961, the U.S. Supreme Court ruled Maryland's requirement for officials to declare belief in God violated the freedom of religion guaranteed by the First Amendment.

Additionally, Article VI of the U.S. Constitution says: “no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”

Bothwell's campaign treasurer, Jake Quinn, said everyone should be entitled to their own beliefs.

“The test occurred on (Nov. 3),” Quinn said. “It was called an election.”

Fliers mailed before the election criticized Bothwell over his atheism and his book, “The Prince of War,” which denounces evangelist and Montreat resident the Rev. Billy Graham for pushing what Bothwell says is a theocratic agenda.

Now, denizens of Internet message boards and the blogosphere are arguing over whether he can legally serve.

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Edgerton said City Council should hold off swearing Bothwell into office until a constitutional question can be resolved.

“If they go ahead, then the city of Asheville and the board of elections could be liable for a lawsuit,” said Edgerton, who is known for promoting “Southern heritage” by standing on streets decked out in a Confederate soldier's uniform and holding a Confederate flag.

Bothwell didn't respond Monday to requests for an interview, but he wrote in an e-mail to the Citizen-Times: “I am not ‘an avowed atheist.'”

He has told the Citizen-Times in the past he believes in the Golden Rule, not a deity.

Bothwell labels himself an atheist on his MySpace page, though he wrote in an online post last week on fellow incoming councilman Gordon Smith's blog, Scrutiny Hooligans, that he prefers the term “post-theist.”

Bothwell added: “I don't ‘deny the being of Almighty God;' I simply consider the question of denial or acceptance irrelevant.